Who Is Responsible for Mold in Your Rental Property?

November 1, 2018

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Mold is a serious issue in rental properties. There aren’t any federal guidelines on mold limits inside buildings, but some states do have laws that regulate mold levels in indoor environments. In addition, not all molds are toxic, but some individuals are sensitive to mold. Mold testing in Orange County can determine the type of mold and whether it’s toxic or not, but the mold should be cleaned up by professionals to prevent further damage to the property.

Who is responsible for a mold problem? It depends.

Who Pays for Mold Remediation?

Landlords are required to maintain a habitable residence. In San Francisco, a rental property must be free from mold. Generally, when mold is discovered in a rental, it is the landlord who will be required to fix the problem. However, if the tenant caused the conditions in which the mold can grow, it could be the tenant’s responsibility to pay for the damages. For example:

Mold from a leaky roof is generally the landlord’s responsibility because the landlord is responsible for the roof.

Mold on drywall from wet towels could be the tenant’s responsibility, because the wet towels are the cause. Landlords are not typically responsible for general housekeeping.

Mold from a leaky pipe could be the landlord’s responsibility, because plumbing is typically the landlord’s problem. However, it could also depend on the lease and who is responsible for plumbing issues.

When a landlord or tenant finds mold in the unit, the issue should be well-documented with pictures and information from a mold company. The landlord needs to do everything possible to maintain the property up to code. The tenant is responsible for reporting a problem quickly and taking care of the unit to maintain cleanliness. Working together to maintain a high quality of health and well-being is key to reducing and preventing mold.